Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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CESTAT ruled in favor of appellant regarding CENVAT credit eligibility for electrical transmission tower materials and related services. The tribunal held that transmission towers qualify as components/accessories of capital goods under Rule 2(a)(A) of CENVAT Credit Rules, 2004. Health insurance and supervision services were deemed eligible input services. While appellant must reverse Rs.25,544 with interest, the larger credit amount of Rs.9,40,359 was allowed. Extended period limitation invocation was invalidated due to absence of evidence showing suppression intent. Penalties were set aside. The ruling aligned with Supreme Court precedent in similar cases regarding treatment of transmission equipment as capital goods components.
CESTAT ruled in favor of appellant regarding CENVAT credit eligibility for electrical transmission tower materials and related services. The tribunal held that transmission towers qualify as components/accessories of capital goods under Rule 2(a)(A) of CENVAT Credit Rules, 2004. Health insurance and supervision services were deemed eligible input services. While appellant must reverse Rs.25,544 with interest, the larger credit amount of Rs.9,40,359 was allowed. Extended period limitation invocation was invalidated due to absence of evidence showing suppression intent. Penalties were set aside. The ruling aligned with Supreme Court precedent in similar cases regarding treatment of transmission equipment as capital goods components.
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